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provide them with the necessary skills to allow them and future generations to prosper. The
new approach devised by the Government with regard to the integration of migrants
recognizes the need for a broad and comprehensive understanding of racism. However,
such understanding has yet to fully permeate all relevant institutions, in particular the
police, immigration services and the courts, which are key in implementing antidiscrimination provisions. The fight against racism requires not only that attention be paid
to the most extreme and violent manifestations of this phenomenon, but also a
comprehensive strategy that addresses the various forms of serious discrimination that
individuals face in their daily lives.
68.
Due to Germany’s federal structure, the Special Rapporteur believes that the second
key challenge for the realization of anti-racism commitments in Germany is to successfully
involve the Länder and municipal administrations, where the real focus of political power
often lies. Despite the range of federal laws and programmes, as well as international
human rights commitments, it is at the local level that the real implementation of antidiscrimination provisions takes place. Unless local administrations transpose federal laws
into local ordinances and guidelines, a core problem will continue to exist in the fight
against racism. In this regard, the next phase of the struggle against racism in German
society is to ensure that local administrations have effective legal and institutional
frameworks that respond to the many challenges of the problem of racism.
69.
With regard to the General Equal Treatment Act, the Special Rapporteur recalls the
negative impact of the exception contained in the Act which allows for discrimination in
the rental of housing in order “to create and maintain stable social structures” (see
paragraph 45 above). The Special Rapporteur noted that discrimination in housing is still a
pervasive phenomenon in Germany, directly contributing to the creation of virtually
segregated neighbourhoods in some large cities and having spillover effects in areas such as
education and health care (see paragraphs 53–54 above). In this regard, the Special
Rapporteur believes that the Act should be reformed so that this exception may be
eliminated.
70.
The Special Rapporteur also noted the need to strengthen the Federal AntiDiscrimination Agency, transforming it into the key institutional actor that will contribute
to the eradication of racism in the country. Most of the Special Rapporteur’s interlocutors
pointed out that the Agency has yet to become a relevant actor in the fight against racism.
They highlighted the shortcomings in human and financial resources at the disposal of the
Agency, which had fewer than 20 full-time professional staff at the time of the Special
Rapporteur’s visit. More importantly, the limited mandate of the Agency to carry out
investigations and its inability to initiate legal proceedings, or provide legal support to
victims, were highlighted as a major obstacle to its effectiveness. While the institutional
design of independent anti-discrimination bodies varies in different legal systems, the
Special Rapporteur is convinced that the effectiveness of such agencies is directly related to
the level of legal support they offer to victims and to the capacity to bring legal action
against individuals or institutions which are believed to engage in discriminatory practices.
Without a robust mandate, the equal treatment provisions contained in national legislation
will not have a concrete effect on the lives of those who are or could be victims of
discrimination.
71.
The Special Rapporteur also noted that despite the recent reforms in the antidiscrimination framework in Germany, limited awareness exists among the general public,
including victims, regarding both the General Equal Treatment Act and the Federal AntiDiscrimination Agency. Victims often do not understand that they can resort to federal law
when they are discriminated against. Better information and awareness-raising campaigns,
including in minority languages, would contribute to better knowledge of existing
legislation.
GE.10-11624
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